Can I Make My Husband's Girlfriend Move Out of His House?
Full Question:
Answer:
The answer will depend on whether you are named on the title to the condo. In order to remove a person from the premises, you would need to have ownership. As an owner of the home, the husband may invite guests to the property. Otherwise, it might be possible to get a restraining order if she is a threat of harm to your children who reside there.
A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.
A petition to revoke the restraining order may be made by the ex-wife or the former husband may petition the court to remove it. A hearing is typically held in which the person requesting the restraining order be revoked/removed must prove their need for having the the order revoked/removed by by the greater weight of the evidence. The person restrained (defendant) may present evidence to counter the allegations made.
The first party that files the divorce papers and serve the other with the papers, provided that the papers were filed in a proper venue, will decide which courts hear the case. We suggest contacting a local attorney who can review all of the facts and documents involved.
